Claiming the city's zoning and fire codes are identical to the state's, a Beaumont city attorney has asked a federal judge to toss a discrimination suit filed earlier this year against the city by the U.S. Justice Department.

In the lawsuit, the federal government accuses Beaumont officials of discriminating against people with mental and physical disabilities by burdening group home owners with zoning and fire code restrictions not in place for the rest of the community.

The city, in its motion to dismiss filed on Friday, argues the case should be thrown out because the State of Texas is not joined as a party in the lawsuit.

"Although Plaintiff inexplicably alleges otherwise, the City's separation requirement is identical to the State's requirement, and the City is bound and obligated to recognize and enforce (it)," the motion contends.

Group homes in Texas can house up to six residents with physical or mental disabilities and two supervisors, as laid out in a state law. Those homes are supposed have a half-mile spacing rule that would prevent segregation, according to the law.

City officials say the half-mile spacing rule is not unique to Beaumont and that they enforce it because it is a state mandate.

The suit seeks to stop Beaumont officials from enforcing the spacing rule and allegedly discriminatory fire codes, and asks for a payout to disabled residents affected by the laws.

In a printed statement released after the federal lawsuit was filed, City Attorney Tyrone Cooper said strict fire codes are necessary for safety reasons.

The city does not have a similar restriction for the non-disabled population, such as for homes in which three unrelated people live, the DOJ noted in its suit.